How to Series: How to Determine What Type of Alimony You Need?

Transcript

Types of alimony in Florida

Hi, I'm Regina Campbell with The Campbell Law Group, and today we're coming to speak to you about another How-To Series. Hopefully you've been enjoying them and they've been helpful. Today we're going to talk about what type of alimony you need. As always, this is a topic that, like most things online, can be fairly complex and a little bit more involved, so to speak, than an initial, cursory discussion about the different types of alimony you may need. However, I do think it's important just to have an outline for understanding the different types of alimony that are available to you in Florida.

Of course, every state is going to have various different alimonies available to spouses; it just depends on the circumstances. However, in Florida we have several, a little bit more than several: we have four different types of alimony, excluding lump sum alimony. I know it has the word "alimony" in it, but it's actually typically more associated with a sort of equitable distribution type of alimony, or division, versus the actual typical alimony that is usually structured to provide support to the other spouse on an ongoing basis, whether short term or long term, transitioning out of divorce, basically from married life to divorce.

Bridge-the-gap alimony

So to go over a little bit about the different types of alimony that you may need, let's start first with bridge-the-gap alimony. Bridge-the-gap alimony is usually seen in short-term marriages, and sometimes midterm marriages as well, depending on the circumstances. It basically requires you to identify an actual short-term, legitimate need that you may have as a spouse. For instance, you need it just enough to transition yourself to an apartment, or with furniture, something of that nature.

Usually, bridge-the-gap alimony is also limited to a maximum of two years, and can only be terminated upon remarriage of the wife, or death of the husband or wife, or spouse, sorry. So it's either remarriage of the husband or wife, or death of the husband or wife, basically the spouse receiving the alimony. Otherwise, it's not considered modifiable.

Rehabilitative alimony

Then we also have rehabilitative alimony, which usually requires a set plan in place. In other words, maybe the spouse receiving the alimony can become self-sufficient, or support themselves, within, let's say, three years. Let's say they finish their law degree, or some kind of certification or licensing that they may need in order to become self-sufficient. A lot of times, rehabilitative alimony is perfect for that. And just so you understand, the court, or the parties by agreement, will set a particular plan in place, so that if the other spouse is not complying with the plan, potentially the alimony can be modified, okay, or terminated, if they're not following along in accordance with the plan.

Durational alimony

Also, durational alimony. This is the third type of alimony that exists in Florida, and it can be seen in short-term, midterm or long-term marriages. Durational alimony can be modifiable or non-modifiable, depending on the circumstances. Most of the time, when durational alimony is given by the court, it's modifiable, and more often than not you'll see non-modifiable terms in marital settlement agreements between the parties.

Modifiable and non-modifiable is pretty much what it sounds like. Non-modifiable basically means that you might have agreed to a non-modifiable alimony term of, let's say, five years, but maybe the amount of alimony might still be modifiable, or vice versa: the amount is non-modifiable, but maybe the term of years is not. So it just depends. And of course, modifiable means it can be modified as far as the duration and the amount per alimony payment every month. So that's just something to keep in mind, to understand the distinctions.

Every situation is different. Sometimes someone might opt for non-modifiable in order to structure a deal a certain way, or limit the person's rights. For instance, let's say you need two or three years of a higher alimony amount before there's some potential instability with a change in circumstances that could modify your alimony. So you might negotiate non-modifiable alimony for a period of time. Or you believe the person's income is going to be lower due to market forces, like COVID or something, so you'll agree to a non-modifiable alimony at the time in order to just get a deal, and still leave yourself open to the possibility that if the other party's income increases, you get the potential upside of that increase, if it should happen. So that's an example of the use of modifiable and non-modifiable.

Durational alimony is also limited by the number of years of the marriage. In other words, if you've been married for 10 years, a midterm marriage, you might be entitled to up to 10 years in duration, okay? People always say, "Regina, what do you normally see?" I'm always hesitant to give averages or estimates, because it's so different with every particular case and parties and circumstances. But basically, on average, if it's 10 years, it's usually between four and six years that the alimony may be given for.

Combining and modifying alimony

Once again, also keep in mind that bridge-the-gap, rehabilitative and durational alimony can... well, permanent, not necessarily; it's a little bit different, unless you mix them together. But for the most part, you can be given two different alimonies, for instance. So keep in mind that it's not always one size fits all. The court can potentially make a decision that works particularly for your family's needs and financial circumstances at the time, and could potentially award one or two different kinds of alimony, various types, like durational and maybe bridge-the-gap alimony, or a variation of either one of them. Something to keep in mind.

So keep in mind also that the courts could potentially mix and match different types of alimony, depending on the parties' specific needs or financial circumstances. And lastly, to go back to durational: alimony, unless it's non-modifiable, can also be modified based upon a substantial change in circumstances by one or both parties, and also if the spouse engages in a financially supportive relationship, remarries or passes away. So it's very important to understand how these alimonies can be modified, so that you're making sure you're picking the right one for you.

Permanent alimony

And finally, we have permanent alimony, and it pretty much denotes what it indicates. Permanent alimony, although in rare cases you'll see it in short-term and midterm marriages, is usually reserved for marriages that are more than 17 years in duration, basically long-term marriages. So that basically means that the other party and the recipient can be paying and receiving alimony for the rest of their lives, or until a substantial change of circumstances occurs, which is often retirement, or a change in someone's income earlier than that, financial or medical changes, something of that nature. It just depends on the circumstances.

But it can also be modified. Permanent is what it denotes: basically, the alimony will continue until it's terminated by death, remarriage or entering into a financially supportive relationship, or by showing the court and the other side that you have suffered, so to speak, a substantial change in circumstances that may warrant the modification or termination of the alimony.

Ability to pay and next steps

Okay, hopefully this has been helpful. I know it's a lot to take in. This is just the first tier, so to speak, to understand the different possible alimonies that you might be entitled to or that you may need, and to get the conversation going. As always, every situation is so different, every person is so different, and every family is so different. It's important to weigh out the different options that you may have and the different things that are available to you.

Of course, we're talking here about the different forms of alimony, but we also still need to prove that your spouse has the ability to pay the type of alimony that you're seeking, which is the other half of the equation. We'll be talking about that some other time, going a little bit further into it.

But hopefully this has been helpful. We hope to see you on our social media channels. Hopefully you'll follow us on all our pages: Instagram, Facebook, LinkedIn. We also request that you become a subscriber of our YouTube channel and our Apple Podcasts channel. And if you like, we also have a newsletter, so you can keep up to date with all the new information that we send out. We hope this has been helpful and enjoyable. Thank you, and take care.